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Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
This was what Austin defined as positive law. Austin believed that positive law was the appropriate focus of study for jurisprudence. He states that: 'Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political society ...
Title 49 of the United States Code is a positive law title of the United States Code with the heading "Transportation.". The title was enacted into positive law by Pub. L. 95–473, § 1, October 17, 1978, 92 Stat. 1337; Pub. L. 97–449, § 1, January 12, 1983, 96 Stat. 2413; and Pub. L. 103–272, July 5, 1994, 108 Stat. 745 (subtitles II, III, and V-X)
By contrast, a non-positive law title is a title that has not been codified into federal law, and is instead merely an editorial compilation of individually enacted federal statutes. [15] By law, those titles of the United States Code that have not been enacted into positive law are "prima facie evidence" [16] of the law in effect.
First, the "social thesis": law is essentially a human creation and therefore its content is ultimately determined by social facts, such as acts of legislation, judicial decisions, and customs. Second, the "separation thesis": law and morality are conceptually distinct phenomena and therefore a norm can belong to the law even if is unjust or ...
To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x. In contrast, Adrian has a positive right to x against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding x.
Taiwan Foreign Minister Lin Chia-lung "welcomed the support and positive stance on U.S.-Taiwan relations demonstrated in the relevant content" of the website, his ministry said in a statement on ...
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